REGULATIONS OF THE ONLINE SHOP Crystalgio.com
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE SHOP
- CONDITIONS FOR THE CONCLUSION OF SALE AGREEMENT
- PAYMENT METHODS
- COST, DEADLINES AND METHODS OF DELIVERY
- CONDITIONS FOR THE TERMINATION OF AGREEMENTS ON THE PROVISION OF ELECTRONIC SERVICES
- COMPLAINT PROCEDURE
- RIGHT TO WITHDRAW FROM THE AGREEMENT
- PROVISIONS CONCERNING THE ENTREPRENEURS
- FINAL PROVISIONS
- QUALITY CERTIFICATE
- RULES FOR THE USE AND MAINTENANCE
- GENERAL PROVISIONS
1.1.The online shop available at www.crystalgio.com is run by the company Gioiello with its registered office in Mikołów (address of the registered office and mailing address: ul. Brzechwy 9 a, 43-190 Mikołów), TIN: 6341781987; REGON [National Official Business Register]: 273669266; email: firstname.lastname@example.org
1.2. These regulations are addressed both to consumers and entrepreneurs who are the customers of the online shop (except for item 9 of these regulations, which is addressed exclusively to entrepreneurs). The provisions of these regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law – any possible doubts should be interpreted in favour of the consumer. In the event of non-compliance of the provisions of these Regulations with the above provisions, the priority will be given to these provisions.
1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Shop enabling one to create an Account.
1.4.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Shop enabling one to place an Order, in particular by adding Products to the online shopping cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – a natural person with full capacity to perform acts in law, and in the cases provided for by the generally applicable regulations also a natural person with limited capacity to perform acts in law; a legal person or an organizational unit without legal personality, to whom/which legal capacity is granted under an act, who/which has concluded or intends to conclude a Sale Agreement with the Seller.
1.4.5. CIVIL CODE – Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and a password provided by the Ordering Party, a set of resources in the Service Provider’s IT system, in which the Ordering Party’s data are collected, including information on the placed orders.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Ordering Parties using such service to receive automatically the content of the subsequent editions of the newsletter containing information about the Products available in the Online Shop.
1.4.8. PRODUCT – a movable item available in the Online Shop which is the subject of a Sale Agreement concluded between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Shop.
1.4.10. ONLINE SHOP – Online Shop of the Service Provider available at the Internet address: www.crystalgio.com
1.4.11. SELLER; SERVICE PROVIDER – Gioiello Monika Piwowarska-Sepioł with the registered office in Mikołów (address of the registered office and mailing address: ul. Brzechwy 9 A Mikołów), TIN: 6341781987; REGON [National Official Business Register]: 273669266; email address: email@example.com
1.4.12. SALE AGREEMENT – a product sale agreement which is concluded or has been concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider to the Customer via the Online Shop.
1.4.14. ORDERING PARTY – a natural person with full capacity to perform acts in law, and in the cases provided for by the generally applicable regulations also a natural person with a limited capacity to perform acts in law; a legal person or an organizational unit without legal personality, to whom/which legal capacity is granted under an act, who/which uses or intends to use an electronic Service.
1.4.15. ORDER – declaration of will of the Customer submitted through the Order Form, the intention of which is to conclude Product Sale Agreement directly with the Seller
- ELECTRONIC SERVICE IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is subject to the completion of three consecutive steps – (1) completing the Registration Form, (2) clicking the “Register” box and (3) confirming the willingness to create an Account by clicking the confirmation link sent to the provided e-mail address. In the Registration Form, it is necessary to provide the following data by the Ordering Party: e-mail address and password.
2.1.2. ORDER FORM – using the Order Form starts upon adding the first Product to the online shopping cart in the Online Shop. Placing an Order is subject to the completion of two consecutive steps – (1) completing the Order Form and (2) clicking the “Place the order” field – up to this moment it is possible to modify the entered data (for this purpose, follow the displayed messages and information available at the Online Shop website). In the Order Form it is necessary to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number, Product(s), amount of the Product (s), place and method of delivery, payment method.
2.1.3. Newsletter – the use of the Newsletter is subject to the completion of three consecutive steps – (1) entering the e-mail address in the section “Newsletter” visible at the Online Shop website, to which further editions of the Newsletter are to be sent, (2) clicking the “Subscribe” field and (3) confirmation of the intention to receive the Newsletter by clicking on the confirmation link sent to the e-mail address provided.
2.2. Using the Electronic Services by the Customer is free of charge.
2.2.1.The Account and Newsletter in the Online Shop are provided for an indefinite period of time.
2.2.2.The Order Form is used on a one-off basis and the use ends upon placement of the Order through it.
2.3. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
2.3.1. A computer, laptop or other multimedia device with Internet access.
2.3.2. Access to email.
2.3.3. Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher.
2.3.4. Any monitor resolution.
2.4. The Service User is obliged to use the Online Shop in a manner consistent with the law and best practices respecting the personal rights as well as copyrights and intellectual property rights of the third parties.
2.5.The Service User is obliged to enter data consistent with the actual state.
2.6.The Service User is prohibited from providing contents of an unlawful nature.
- CONDITIONS FOR THE CONCLUSION OF SALE AGREEMENT
3.1. Announcements, advertisements, price lists and other information about the Products provided at the Online Shop’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
3.2. The Product price shown at the Online Shop’s website is given in Polish zlotys and contains all components. The prices, however, do not include any delivery and payment costs which are indicated when placing the Order.
3.3. The Product price shown on the Online Shop’s website is binding when placing the order by the Customer. This price will not change regardless of changes in prices in the Online Shop, which may occur in relation to particular Products after placing an Order by the Customer.
3.4. Conclusion of the Sale Agreement using the Order Form.
3.4.1. In order to conclude a Sale Agreement, a prior submission of the Order by the Customer is necessary. Ordering more than 10 items of a given pattern requires prior contact with the shop by sending a request to firstname.lastname@example.org or by phone at the number indicated at the shop’s website.
3.4.2. After placing the Order, the Seller immediately confirms its receipt, which means that the Customer is bound by the Order and at the same time the Seller accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by sending a relevant message to the Customer’s e-mail address provided while placing the order, such message shall contain at least confirmation of all essential elements of the Order, the Seller’s statement about the receipt of the Order and its acceptance for processing. Upon receipt of the above e-mail by the Customer, a Sale Agreement is concluded between the Customer and the Seller.
3.5. Recording, protection and disclosure of the content of the concluded Sale Agreement to the Customer is made through (1) providing these Regulations at the Online Shop’s website, (2) sending the Customer the e-mail message referred to in item 3.4.2. and through (3) attaching to the consignments the proof of purchase under the terms of the concluded Sale Agreement. The content of the Sales Agreement is additionally recorded and protected in the IT system of the Seller’s Online Shop.
- PAYMENT METHODS
4.1. The seller provides the following payment methods:
4.1.1. Cash on delivery, upon receipt of the order.
4.1.2. Payment by a traditional transfer to the Seller’s bank account.
184.108.40.206. ING BANK ŚLĄSKI
220.127.116.11. Account number: 42 1050 1634 1000 0091 4604 2008
4.1.3. Payment via PayU – online payment by bank transfer or by credit / debit card (PayU is a very quick and convenient form of payment, which ensures instant payment and crediting the amount into our account, allowing us to send you the ordered goods straight away);
- COST, TIME AND METHODS OF DELIVERY
5.1. The Seller provides the following methods of delivery or collection of the Product:
5.1.1. Post mail.
5.1.2. Courier mail, courier mail with payment on delivery.
5.2. The delivery of Products is available at the territory of the Republic of Poland.
5.3. Potential delivery costs are indicated when placing the Order. They depend on the method of delivery and payment chosen by the Customer. Delivery costs are also indicated on the Online Shop’s website in the “Delivery costs” tab.
5.4. The deadline for delivery of the Product to the Customer is up to 5 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. Such deadline should be interpreted as follows:
5.4.1. In case of choosing by the Customer the method of payment by bank transfer – from the date of crediting the Seller’s bank account.
5.4.2. In case of choosing by the Customer the method of payment on delivery – from the date of concluding the Sale Agreement.
- CONDITIONS FOR THE TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
6.1. The Service Provider and the Service User may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
6.2. Termination of the contract for the provision of Electronic Services
6.2.1. The contract for the provision of Electronic Services concluded for indefinite period of time, of a continuous nature (e.g. Account) may be subject to termination.
6.2.2. The Service User may terminate the contract for the provision of Electronic Services without giving reasons for it, by sending a relevant statement, in particular via e-mail to the following address: email@example.com or in the written form to the following address: ul. Brzechwy 9 A 43-190 Mikołów. In this case, the contract shall expire after 7 days from the date of submitting the declaration of will (notice period), unless the parties agree on a shorter notice period.
6.2.3. In case of the Service Users who are also the Consumers, the Service Provider may terminate the contract for the provision of Electronic Services when the Service User objectively grossly or persistently violates the Regulations, particularly when the Service User provides illegal content, after ineffective at least one request to cease or remedy the violations with the indication of relevant deadline. Violation of the Rules of procedure must be of objective and unlawful nature. The contract for the provision of Electronic Services in such a case shall expire after 14 days from the date of submission to the Service User by the Service Provider of a statement of will on termination (period of notice).
6.2.4. In the case of Customers who are not the consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Service User.
- COMPLAINT PROCEDURE
7.1. Complaints concerning non-compliance of the Product with the Sale Agreement:
7.1.1. The basis and scope of the Seller’s liability towards the Customer who is a natural person and who purchases the Product for the purpose not related to the professional or commercial activity, for non-compliance of the Product with the Sale Agreement are defined in particular under the Act on specific terms and conditions of consumer sale and amendments to the Civil Code of July 27 2002 r. (Journal of Laws No. 141, item 1176, as amended).
7.1.2. Notification of non-compliance of the Product with the Sale Agreement and submission of relevant claim may be performed, in particular, by electronic means, by sending an email to the following address: firstname.lastname@example.org or also in the written form by sending a letter to the address: Brzechwy 9 A 43-190 Mikołów. As far as it is possible and necessary for the purpose of assessing the non-compliance of the Product with the contract, the Product should also be delivered to the above address.
7.1.3. The Seller shall respond to the Customer’s request promptly, not later than within 14 days. The response to the complaint is sent to the address provided by the Customer, unless the Customer selects another way.
7.1.4. In the case of Products covered additionally by the guarantee, the Seller informs that the guarantee for the sold consumer goods does not exclude, limit or suspend the rights of the buyer resulting from non-compliance of the goods with the contract.
7.2. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop:
7.2.1. Complaints related to the provision of Electronic Services by the Online Shop and other complaints related to the operation of the Online Shop may be submitted by the Service User in particular, by electronic means, by sending an email to the following address: email@example.com or also in the written form by sending a letter to the address: Brzechwy 9 A 43-190 Mikołów.
7.2.2. It is recommended to include in the description of the complaint as much information and as many circumstances as possible regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities as well as contact details – it will facilitate and accelerate the process of consideration of the complaint by the Service Provider.
7.2.3. The complaint shall be processed by the Service Provider immediately, not later than within 14 days.
7.2.4. The Service Provider’s response to the complaint shall be sent to the address provided by the Customer, unless the Service User indicates another way.
- RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. The Service User / Customer who is also a consumer and who has concluded a remote agreement may withdraw from it without giving reasons for it, by submitting a relevant written statement within ten days. To comply with this deadline, it is enough to send a statement before its expiry. The statement may be sent, in particular, via e-mail to the following address: firstname.lastname@example.org or in the written form to the following address: ul. Brzechwy 9 A 43-190 Mikołów.
8.2. In the event of withdrawal from the agreement, the agreement is considered void and the consumer is released from any obligations. What the parties provided shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days. If the consumer has made any prepayment, statutory interest shall be due from the date of prepayment.
8.3. The Service Provider / Seller shall return the amounts into the bank account specified by the consumer, unless the consumer indicates otherwise.
8.4. The 14-day period during which the consumer may withdraw from the agreement, in case of the Sale Agreement shall be counted from the date of hand-over of the Product, and in the case when the agreement concerns the provision of Electronic Services, from the date of its conclusion.
8.5. The consumer shall have no right to withdraw from a remote agreement in the following cases: (1) the provision of services commenced, with the consumer’s consent, before the deadline referred to in points 8.1 and 8.4 above; (2) audio and visual recordings and data recorded on IT data carriers after the consumer has removed their original packaging; (3) agreements concerning services for which the price or remuneration depends exclusively on price movements in the financial market; (4) services with the characteristics specified by the consumer in the order or closely related to the consumer; (5) benefits which due to their nature cannot be returned or which are subject to rapid deterioration; (6) provision of the press; (7) gambling services.
- PROVISIONS CONCERNING THE ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained herein shall apply exclusively to the Customers who are not the consumers.
9.2. In the case of the Customers who are not the consumers, the Seller shall have the right to limit the available payment methods, and to require prepayment in whole or in part, regardless of the payment method chosen by the Customer in the Order Form and the fact of conclusion of the Sale Agreement.
9.3. The customer who is not a consumer is obliged to perform their obligations under the Sale Agreement (i.e. in particular, to pay the price and collect the Product) immediately, not later than within 7 days from the date of conclusion of the agreement, unless the Sale Agreement provides otherwise.
9.4. The products which are the subject of the Sale Agreement concluded with the Customer who is not also the consumer shall remain the property of the Seller until the price and delivery costs under the Sale Agreement have been paid.
9.5. Upon the hand-over of the Product by the Seller to the the carrier, the benefits and burdens associated with the goods as well as the risk of accidental loss or damage to the goods shall pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, partial loss or damage to the Product occurring between the acceptance of the consignment for transport until its delivery to the Customer and for any delay of the consignment.
9.6. According to art. 558 § 1 of the Civil Code, the Seller’s liability towards the Customer who is not a consumer under the statutory warranty shall be excluded.
9.7. In the case of delivering the Product to the Customer through a carrier, the Customer who is not a consumer shall be obliged to inspect the consignment at the time and in a manner accepted for such consignments. If the Customer finds that during the transport there was a partial loss or damage to the Product, the Customer shall be obliged to perform all actions necessary to determine the liability of the carrier.
9.8. The liability of the Service Provider / Seller towards the Service User / Customer who is not a consumer, regardless of its legal basis, is limited – for both an individual claim, and claims in aggregate – up to the price paid and delivery costs under the Purchase Agreement . The Service Provider / Seller shall be liable to the Service User / Customer who is not a consumer only for typical damage predictable at the time of the conclusion of the agreement and the Service Provider / Seller shall not be liable for lost profits towards the Service User / Customer who is not a consumer.
- FINAL PROVISIONS
10.1. Agreements concluded via the Online Shop are concluded in accordance with the Polish law and they are prepared in Polish language.
10.2. Amendments to the Regulations
10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, including: amendments to the legislation; changes in payment and delivery methods – in so far as these amendments affect the performance of the provisions of these Rules of Procedure.
10.2.2. The amended Regulations are binding for the Service User if the requirements specified in art. 384 of the Civil Code are met, i.e. the Service User was properly notified of the amendments and the Service User did not terminate the agreement for the provision of Electronic Services of a continuous nature within 14 days from the date of notification.
10.2.3. The amendments to the Regulations shall not in any way violate the acquired rights of the Customers who are consumers and who use the Online Shop before the date the amendments enter into force, and in particular amendments to the Regulations shall not affect previously or already placed Orders and concluded, performed or completed Sale Agreements.
10.2.4. If an amendment to the Regulations results in the introduction of any new fees or increase in the existing ones, the Customers, who are consumers, shall have the right to withdraw from the agreement.
10.12. Exclusive rights to the content provided as part of the Online Shop services, including, in particular, the rights to photos, descriptions, information, copyright, the name of the Shop, trademarks of the Service Provider and producers of the Goods, graphic elements, software and database access rights are subject to legal protection and apply to the Service Providers or entities with whom the Service Provider has entered into relevant agreements. It is forbidden to copy, distribute or use them for any advertising, promotional or other purposes without the consent of the Service Provider.
10.13. In matters not covered by these Regulations, the generally applicable provisions of law shall apply.
10.14. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) and other relevant provisions of the Polish law shall apply.
10.15. Settlement of disputes
Possible disputes between the Service Provider and the Customer who is a Consumer shall be settled by competent courts in accordance with the relevant provisions of the Code of Civil Procedure. Possible disputes between the Service Provider and the Customer who is not a Consumer shall be settled by a court of competent jurisdiction over the registered office of the Service Provider.
- QUALITY CERTIFICATE
The GIOIELLO products are made of natural leather, high quality metal elements made of galvanized brass or zamal or surgical steel and Swarovski crystals. No metal elements contain nickel, chromium or lead. Each of the pattern is designed and manufactured by Gioiello. The company possesses certificates of originality of Swarovski crystals issued by their supplier, this also refers to natural leather and metal elements with a guarantee of absence of toxic and allergenic substances in their composition.
- RULES FOR USE AND MAINTENANCE
All our products should be used according to their intended use. In case of natural leather products, contact with water, chemicals and perfumes should be avoided.
Some of the leather products have a specific finishing, which can be subject to a natural, gradual wear out. We recommend cleaning of the metal parts
by polishing them with a cotton cloth. For the natural leather maintenance you can use colorless pastes, i.e. shoe-cleaning polishes intended for the specific type of natural leather.
The guarantee covers hidden defects resulting from technological, constructional and material reasons.
The guarantee shall not cover:
- damage resulting from natural wear
- use contrary to the intended use of the product
- improper maintenance with the use of inappropriate agents
- mechanical damages
- stains caused by external factors